§48.5 Purpose and Procedure

• Jurisdiction: Washington

§48.5PURPOSE AND PROCEDURE

CR 48 allows the parties to stipulate to a jury of any number less than 12. This provision can be used to avoid mistrials in cases in which jurors become ill or otherwise incapable of continuing service on the jury and no alternate jurors have been selected. Cf. CR 47(b). The language of CR 48, drafted in 1967, presupposes that the jury will consist of 12 jurors in the absence of a stipulation by the parties.

However, that presupposition is outdated and potentially...